La función simbólica del derecho, reflejada en la criminalización de las mujeres por aborto: análisis de contexto en la ciudad de Cuenca en el periodo 2018

Abstract

It is extremely necessary to be aware of how the State practices its punitive power, through the symbolic function of Law. Whenever this is omitted in the discourse of criminalization, the omission becomes suspicious. This theme relates the present investigation identifying the confrontation of forces of various social actors and their relationship with the symbolic function of Law. Criminal and criminological discourses have been a matter of dispute between the entities of power. This is identified as a debate about power itself in which the main scenario is "the woman's body". The Law is inaugurated under the legitimation of previously power mention, and it is maintained systemically in the privileged relation of the State's interests. This is explained in the first part of the research, which surveys the sociological field of Law, introducing the study of the symbolic function as a performative element. We will observe in the second part of this investigation, the transmission, and review of certain images, symbols, ideas, feelings and representations in the recipients. Also addressing the complicated processes of standardization of values and images of law with the criminalization's interest of abortion, identifying the full-scale violation of women's rights, without mentioning the difficulties that exist in their interpretation, because at the end, this is how criminalization is constructed. Our legal system has traditionally defined women through the policy across a hierarchical system in which gender's stereotypes are a consequence and acquire meaning. This meaning is assigned by the context in that they are found, being possible their identification, through the analysis of social discourses.